Get Your Rights Back - Get Your Life Back -
Get Your Rights Back - Get Your Life Back -
Signed in as:
filler@godaddy.com
Indiana Code 35-38-9 can be difficult to navigate, even for some attorneys. This section will discuss some of the information needed to file an expungement and eligibility requirements.
Indiana Code 35-38-9 requires an expungement petitioner to disclose certain information in their petition before the court will grant their expungement. Failure to provide this information can result in your expungement being dismissed. This includes personal information, name, date of birth, social security number, etc., but also includes information relating to the record you want to expunge. Before proceeding on, or filling out our questionnaire, refer to our checklist below to see if you are prepared to begin the process.
If you don't know this information, click here to learn more about out how you can obtain this information. Or, if you already have this information, feel free to proceed below to see if we can help you get your record expunged.
If you're not sure where to begin, let us know and we can sort it out for you. Follow the link below, or click here, and fill out a short questionnaire for us so that we can get to know you and how we can best assist you.
Indiana Code 35-38-9 sets out three types of expungements. The first of these three is the expungement of records of an arrest or juvenile delinquency that didn't result in a conviction. This includes convictions that were overturned on appeal. These type of expungements only require that the petitioner not be currently participating in a pretrial diversion program and that one year has passed since the petitioner was arrested. However, the prosecutor can waive the one year requirement if they choose.
The second type of expungement is for the sealing of convictions for misdemeanors and Class D or Level 6 felonies that did not result in bodily injury to another person. For the sealing of misdemeanor convictions, the only individuals who are ineligible are those who have also been convicted of two or more felonies that involved the use of a deadly weapon and individuals classified as sex or violent offenders under I.C. 11-8-8-5. These expungements can be filed 5 years from the date of conviction.
To seal a Class D or Level 6 felony, there are more barriers and a longer wait, 8 years from the date of conviction. Among others, a conviction for a felony that resulted in bodily injury to another person; perjury; official misconduct; or a conviction while serving in office as a public official will all prohibit you from eligibility under this section. However, individuals ineligible under this section may be eligible under the next and last section.
The last section allows for more serious felony convictions to be marked as expunged but remain within public record. This is an important distinction because these records will still be visible on a criminal history report and on MyCase. Despite this apparent problem, expungements under this section still provide a petitioner with certain defenses against discrimination for these convictions and restores their civil rights, including the right to own a firearm.
Under this section, most people will qualify. The wait for this expungement is 8 or 10 years from the date of conviction, depending on the conviction. The eligibility disqualifiers under this section include: individuals convicted of a felony that resulted in the death of another; sex or violent offenders; individuals convicted of official misconduct; and individuals convicted of felony sex crimes or human trafficking crimes.
It's important to point out that a creative and knowledgeable attorney can sometimes craft a remedy, or series of remedies, that can still bring a level of relief to individuals who may be disqualified under Indiana's expungement law. Regardless of your current situation, we're willing to work for you to find a solution. So, if you think that you qualify, or if you aren't sure, but would like to find out, follow the links below and lets get to work.
If you're not sure where to begin, let us know and we can sort it out for you. Follow the link below, or click here, and fill out a short questionnaire for us so that we can get to know you and how we can best assist you.
If you were arrested or charged for a crime but you were not convicted or you successfully appealed your conviction, you can have that record expunged, click below to get started.
If you were convicted of a crime and you would like to begin the process of having the record of that conviction expunged, click below to get started.
Copyright © 2022 Strater Law, LLC - All Rights Reserved.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.